How about a trip down memory lane to investigate the accuracy of the predictions of a pro-guilt poster and a pro-innocence poster?
Posted by Vixen, #2624 in Continuation 18, 22 Sep 2015:
….
It might have escaped you but the issue of calunnia is res judicata, which means legally decided and can be decided no more. Bruno-Marasca did throw out the aggravated part of calunnia "because of guilt in the murder".
In addition, your heroine is now currently undergoing a repeat offence of calunnia. How will that look to the ECHR?
As Oscar Wilde said, or was it Karl Marx, "Once in history is a tragedy, twice is a farce" and "to lose your wife once is unfortunate, but twice is carelessness".
So don't stock up on the ECHR popcorn just yet.
Will it be an open court? If so, I might hop on a train to
Brussels (?) to watch that.
Posted by Kauffer, #2627 in Continuation 18, 22 Sep 2015:
The issue of res judicata in Italy in relation to ECHR findings of Art 6 human rights violations was adjudicated some years ago. As a result and constitutionally at that, an ECHR finding trumps an Italian court decision. Res judicata is set aside. The current callunia trial, which will never be completed, is simply more grist to Amanda's mill. Where else in the world can a defendant be indicted for offering a defence on the witness stand alleging an assault, such an allegation, of course, which was never investigated?
The matter is not complex, though seemingly not understood by the Italian Supreme court - lawyerless statements cannot be used to convict. This includes verbal and written statements and takes in Mignini's interview with Amanda and the 1st memoriale. This is Italian law!
____
April 5, 2007 analysis:
1. Final definitive convictons in Italy may be reversed by revision trials under certain circumstances; final definitive acquittals are indeed final.
For example, Rudy Guede requested permission to have a revision trial. He was denied permission by the Florence appeal court; I believe (but am not certain) that he is appealing this to the CSC.
If the ECHR finds that Italy violated Amanda Knox's rights under the Convention in convicting her of calunnia against Patrick Lumumba, then, according to a judgment of the Italian Constitutional Court, she will be entitled to request a revision trial. However, it cannot be assured that Italy will grant her one. If Italy does not, however, it will set itself up for another ECHR case and considerable pressure from the Committee of Ministers of the Council of Europe.
2. The Marasca CSC panel quashed the Nencini court's "aggravated" calunnia conviction of Knox on the grounds that there were no aggravating circumstances.
3. The charge against Knox of calunnia against the police and Mignini led to an acquittal by the Boninsegna court; it was not simply allowed to expire due to the statute of limitations as suggested by Kauffer.
The ECHR in its Communication to Italy for Knox v. Italy was very interested in the Boninsegna judgment and wished to determine if it was final or being appealed. Since it is final and definitive - the prosecution having chosen not to appeal - the ECHR will certainly find it of interest, but as a guide to the violations of Knox's rights by the Italian authorities, rather than as material against Knox's claims against Italy.
4. Lastly, it is rather humorous that the pro-guilt poster was so uninformed about the ECHR that the poster thought (with some doubt) that the ECHR is located in Brussels.
"The Court is based in Strasbourg, France."
Source:
https://en.wikipedia.org/wiki/European_Court_of_Human_Rights
{An example of how a little library or online research can be helpful, even to those with a "good education". LOL!}